Contract 

 

  1. This document constitutes a contract between the user (‘you’) and My Age Fit Pty Ltd CAN 632 669 026  (‘we’, ‘our’ or ‘us’).  You agree to these terms of use and to provide this waiver (as amended from time to time at our sole discretion) each time you use the services that we provide.  Please read this document carefully. 

 

  1. In this document ‘services’ means all physical training information, tuition and recommendations provided by us through the My Age Fit application. 

 

Conditions of use 

 

  1. A condition for opening a user account and using the services is that you are at least 18 years of age and have full legal capacity. 

 

  1. A condition for the use of the services is that you must be in a good general state of health. You should always seek medical advice from a doctor before you start using the services.  You should be particularly mindful of that advice if you have or have had one or more of the following medical complaints, conditions or procedures: 

 

  1. cardiovascular disease, 
  1. lung or respiratory disease (including asthma), 
  1. spinal and/or joint problems, 
  1. neuromuscular disease, 
  1. pregnancy or breast feeding, 
  1. surgical procedures, and 
  1. any other health issues 

 

  1. The services offered by us do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor. 

 

  1. You agree that fitness and training advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our services on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge. 

 

Risk warning and waiver for the supply of recreational services and recreational activities 

 

  1. Our supply of the services are a supply of recreational services.  Using the services and engaging in physical training and exercise is a recreational activity. 

 

  1. Your participation in those recreational activities may involve risk. The risks involved may result in personal injury including death.  Prior to undertaking any such recreational activity you should ensure that you are aware of all the risks involved, including those risks associated with any health condition you may have. 

 

  1. By using the services you acknowledge, agree and understand that participation in the recreational activity connected with the services may involve risk. You agree to undertake any such risk voluntarily and at your own risk. You acknowledge that this warning constitutes a ‘risk warning’ in accordance with relevant legislation, including the Civil Liability Act 2002 (NSW). 

 

  1. It’s possible for a supplier of recreational services or recreational activities to ask you to agree that statutory guarantees under the Australian Consumer Law do not apply to you (or a person for whom or on whose behalf you are acquiring the services). If you use the services, you will be agreeing that your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue us in relation to recreational services or recreational activities that you undertake because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below. 

 

  1. By using the services you agree that our liability in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW) for any death, physical or mental injury that may be suffered by you (or a person to whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities, is excluded. 

 

Other liability 

 

  1. Insofar as we provide services that are not recreational services or a recreational activity: 

 

  1. In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to willful conduct or gross negligence or the absence of a guaranteed feature. 

 

  1. If we breach a material contractual obligation as a result of slight negligence, our liability is limited to direct, reasonable, foreseeable damage.   You agree that we are not liable for any indirect or consequential loss. 

 

  1. Otherwise, our liability is excluded. 

 

Intellectual property rights 

 

  1. The services contain content which is protected by copyright or other intellectual property rights and we hold those intellectual property rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions.  Distributing our content or making it publicly available in any way is not permitted. 

 

 

Privacy 

 

  1. You agree to us accessing and using your information in accordance with our privacy policy. 

 

General 

 

  1. The relationship between the parties is governed exclusively by the Law of New South Wales, Australia and you agree to submit to that exclusive jurisdiction. 

 

  1. Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions. 

 

Contact information for us: 

 

You can contact us at: 

My Age Fit Pty Ltd  

PO Box 1660  

Armidale NSW 2350 

Contact@myage.fit